Where a guideline judgment such as R v Henry already incorporates a discount for a late guilty plea, a sentencing judge should not apply a further separate discount for the plea. A finding of genuine remorse should not be made lightly where there are contra-indications such as continued adherence to an implausible account of events and further offending shortly after the first offence. The obligation under s 44(2) of the Crimes (Sentencing Procedure) Act to provide reasons for special circumstances should be understood as requiring explanation of the degree of departure from the standard non-parole period ratio, at least where the departure is significant.
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